Complying with your obligations under WHS laws—an ongoing duty

Directors must stay focused on the duty to prevent sexual harassment in the workplace—it is not a duty that goes away after implementing training and a policy. It requires an ongoing, proactive commitment to prevention, including thorough risk assessments, the application of control measures and continual analysis of those controls to ensure effectiveness. 

Relevantly, on 11 March 2025, a new Commonwealth Code of Practice on Sexual and Gender-Based Harassment has been approved by the Federal Government. 

This code provides guidance to employers on preventing workplace sexual/sex-based misconduct (including sexual harassment) and is being implemented alongside a separate new Code of Practice for Managing Psychosocial Hazards at Work, reinforcing the importance of addressing workplace risks to psychological health. 

The newly introduced codes can be found below: 

• Code of Practice on Sexual and Gender-based Harassment 
• Code of Practice for Managing Psychosocial Hazards at Work.  

Key takeaways: 

In light of the implementation of these new codes, club directors should keep in mind their relevant responsibilities, including: 

1. The threshold for directors to meet their duties with respect to ensuring safe workplaces is high and ever evolving.
2. The positive obligation to prevent sexual harassment needs to be well understood. We recommend all directors read and review both new Commonwealth codes. Ideally, directors would have already read the guidance material published by the Australian Human Rights Commission in August 2023.
3. Directors should undertake a safety audit to ensure that:
4. Risk assessments have been undertaken for all identified risks, including sexual harassment
5. Controls have been implemented and reviewed for effectiveness
6. Relevant policies and procedures are being implemented by senior management, in particular clear complaint/dispute processes. 

How can we help? 

Please reach out to the WR team to consider implementing bespoke training to assist your club in meeting its obligations to prevent sexual harassment in the workplace. We can also provide template risk assessments and other template policies at your request. Send an email to: [email protected] or call ClubAssist on 1300 730 001